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Home My WebLink AboutOTHER-2026-034-Approval of a Cost Share Memorandum of Understanding (MOU) between Orange County and Orange County Schools Chi-� �� - �bato • t�3�-I; � - h � C��ai�/a� Attachment 1 MEMORANDUM OF UNDERSTANDING (" MOU " ) Cnn pW Between Orange County And Orange County Board of Education I . PURPOSE AND SCOPE The purpose of this MOU is to clearly identify the roles and responsibilities of each party related to professional surveying services to be performed for Orange County and the Orange County Board of Education on the Efland - Cheeks Elementary School and Community Center site . The Efland - Cheeks Elementary School and Community Center site is located on Orange County PINs 9844393736 , 9844395355 , 9844399372 , and 98444931222 PIN 9844393736 is owned by Orange County ; PINs 9844395355 , 9844399372 , and 9844493122 are owned by the Orange County Board of Education . In particular, this MOU is intended to : 1 . Define the roles and delineate the roles and responsibilities of each party. 2 . Outline communication , financial , and other expectations of the parties until the final professional surveying deliverables are completed and turned over to both parties . II . PARTIES The parties of this MOU are Orange County, North Carolina ( "the County" ) and the Orange County Board of Education ( "the School District" ) . III . BACKGROUND The surveyor referenced herein was selected in accordance with North Carolina General Statutes 143 -64 . 31 and 143 -64 . 32 , which exempts the procurement of architectural , engineering , and surveying services using a qualifications -based basis if the estimated fee is less than $ 50 , 000 . The County informally solicited bids and selected Riley Surveying , P. A . (" Riley" ) to perform professional surveying services in the amount of $ 48 , 500 . 00 for a Topographic Survey and a Boundary Survey of the Efland - Cheeks Elementary School and Community Center site . The County and the School District have agreed to share the costs of the proposed professional surveying efforts . The County will cover the proportionate cost of the Page 1 of 4 Topographic Survey ( i . e . , 45 % of total cost , or $ 21 , 825 . 00 ) , and the School District will cover the proportionate cost of the Boundary Survey ( i . e . , 55 % of total cost , or $26 , 675 . 00 ) . The Topographic Survey and Boundary Survey will be separate professionally sealed deliverables . IV . IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1 . Both the County and the School District shall be responsible for any costs associated with their respective professional surveying efforts as outlined in Attachment A . The County shall contract with Riley to perform the work , and pay the lump sum fee as shown in Attachment A . 2 . The terms of this MOU shall begin on the date of execution and shall expire upon receipt of completed Topographic and Boundary survey deliverables . 3 . The parties shall at all times remain in compliance with all applicable local , state , and federal laws , rules , and regulations , including , but not limited to , all state and federal non -discrimination laws , policies , and rules . 4 . Modifications of this MOU must be in writing and approved by both parties . 5 . This MOU and any exhibits and amendments attached hereto , and any documents incorporated specifically by reference , represent the entire agreement between the parties and supersede all prior oral and written statements or agreements . 6 . The County and the School District shall be responsible for providing coordination and access to their respective properties/facilities and shall provide all documentation as requested for Riley Surveying , P. A . to complete the professional surveying efforts . 7 . Upon submission of the final Topographic and Boundary survey deliverables , the School District shall reimburse the County within 30 days for its portion of work , as detailed in Attachment A . 8 . Lunsford Act . The parties agree and acknowledge that G . S . § 14 -208 . 18 prohibits anyone required to register as a sex offender under Article 27A of Chapter 14 of the General Statutes from knowingly being on the premises of any school . The County shall ensure through its contract with Riley that Riley conducts , at its own expense , sexual offender registry checks on each of its employees , agents and subcontractors ( collectively, " Contractual Personnel' ) who will engage in any service on School District property, except checks shall not be required for individuals who are solely delivering or picking up equipment , materials , or supplies at : ( 1 ) the administrative office or loading dock of a school ; ( 2 ) non -school sites ; ( 3 ) schools closed for renovation ; or (4 ) school construction sites where students are not present . The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program , the State Sexually Violent Predator Registration Page 2 of 4 Program , and the National Sex Offender Registry ("the Registries " ) . For Riley' s convenience only, all of the required registry checks may be completed at no cost by accessing the United States Department of Justice Sex Offender Public Website at http : //www. nsopw, gov/ . Riley shall provide certification on the Sexual Offender Registry Check Certification Form (Attachment B ) that the registry checks were conducted on each of its Contractual Personnel providing services or delivering goods under this Contract prior to the commencement of such services or the delivery of such goods by the Contractual Personnel listed . The sex offender registry checks shall be conducted and the completed Sexual Offender Registry Check Certification Form shall be returned to the School District prior to performing any services on School District property. Riley shall not assign any individual to provide services pursuant to this Contract if said individual appears on any of the listed registries . The School District reserves the right to prohibit any Contractual Personnel of Riley from providing services under this Contract if the School District determines , in its sole discretion , that such Contractual Personnel may pose a threat to the safety or well - being of students , school personnel or others , or if such Contractual Personnel may otherwise pose a risk to the School System 's operations . Failure to comply with the terms of this provision shall be deemed a material breach of the Contract . 9 . Criminal Background Checks . The County shall ensure through its contract with Riley that Riley shall conduct criminal record and background checks on all Contractual Personnel who will perform services pursuant to this Contract on School System property or at School System events . The criminal background checks shall be conducted prior to performance of any services on School System property , and Riley agrees to provide such records and documents to the School System upon request . Riley shall not assign any Contractual Personnel to provide services under the Contract if said worker has been convicted of or pled guilty or no contest to any crime , whether misdemeanor or felony , involving violence or sexual acts against children . In addition , Riley shall obtain all authorizations necessary for School System to conduct additional criminal record and background checks at its sole expense at any time during the term of this Contract . If School System chooses to exercise this right , Riley shall , within five (5 ) business days of School System ' s request , provide the full name , date of birth , and state of residency for the past ten years for all Contractual Personnel providing services under the Contract , along with any other information reasonably requested by School System for purposes of performing criminal record and background checks . Without modifying or waiving any of Riley' s obligations under this provision , School System reserves the right to prohibit any Contractual Personnel from providing services under this Contract if the School System determines , in its sole discretion , that said Contractual Personnel has not undergone a criminal record and background check in accordance with this provision or if the results of such criminal record and background check reasonably indicate that the said Contractual Personnel may pose a threat to the safety or well -being of students , school personnel , or others ; or to school property . Page 3 of 4 Parties indicate agreement with this MOU by their signatures : ORANGE COUNTY ORANGE COUNTY BOARD OF EDUCATION By : 7man n By : Name : Name : Title : rdCAD" Title : Date : Date : This instrument has been preaudited in the manner required by the School Budget and Fiscal Control Act . School System Finance Officer Date • Orange County routing sheet shall also be attached for all other parties within Orange County to sign . Page 4 of 4 Attachment A Riley Surveying , P . A . 3326 Durham Chapel Hill Blvd . Suite B400 Durham, North Carolina 27707 AN AGREEMENT FOR THE PROVISION OF LIMITED PROFESSIONAL SERVICES DATE : October 29 , 2025 -Rev. 10 /30 /2025-Rev. 2/18 /2026 CLIENT : County of Orange 200 E King St. Hillsborough, NC 27278 Attention: Christopher J . Sandt, P .E. PROJECT NAME /LOCATION : Efland- Cheeks Project Boundary/Topographic Survey Efland, NC SCOPE AND EXTENT OF SERVICES : Deed research, GPS observations, field measurements , computations and drafting necessary to perform a Boundary Survey of four lots (PINS 9844-39- 37365 9844-39-5355 ) 9844-39- 9372 & 9844-49-3122) comprising approximately 27 .2 + acres with topographic survey of a portion of the property as shown on Exhibit A (provided by client) comprising approximately 19 acres which shall incorporate the previous Topographic Survey prepared by this Firm in 2023 and portions of which need to be updated for this survey. This survey shall accurately depict the following: property lines , street rights-of-way, easements as found in public record or observed, two foot contour interval, building's finished floor elevations , overhead utilities , underground utilities (as marked by 811) , sanitary sewer structrues with rim /invert/pipe size and material, treelines, wetlands (if marked by others at time of field survey) , all above ground structures , and encroachments , if any. This survey shall conform in all respects with 21 NCAC 56 (NC Surveying Standards) . Two benchmarks shall be noted on this survey. Lump Sum Fee : $48 ,500 . 00 Cost Breakdown : 55 % for Boundary Survey — 45% for Topographic Survey SPECIAL CONDITIONS : 1) We are prepared to commence work on or around March 20, 2026 upon acceptance of this Proposal of Agreement. Please allow a minimum of 4 weeks henceforth for completion and delivery of Survey, weather permitting. 2) This survey be shall tied to NAD '83 and NAVD '88 as necessary to conform T'vith 21 NCAC 56 . 3) The survey shall be delivered as sealed hardcopy and unsealed . dxvg / .pdf digital files as requested. SURVEYOR 2 Rd4�4% Phillip Riley, PLS President Phone — (919) 667-0742 philr@rfleysurveyingpa.com NC Firm License C-1281 Page 1 of 1 i i s i i i I i f i E r i 3 3� i